2019 Regular Session ENROLLED
SENATE BILL NO. 37
BY SENATOR PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 47:299.2(1)(d), and (3), 299.11(9), and 1676(B)(3) and to enact
3 R.S. 47:1676(B)(1.1), relative to delinquent debt collection; to authorize all units of
4 local government to participate in the income tax refund offset program; to provide
5 limitations for debt related to student fees; to authorize all units of local government
6 to refer delinquent debt to the Office of Debt Recovery; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 47:299.2(1)(d), and (3), 299.11(9), and 1676(B)(3) are hereby
10 amended and reenacted and R.S. 47:1676(B)(1.1) is hereby enacted to read as follows:
11 §299.2. Definitions
12 For purposes of this Part, the following words, terms, and phrases have the
13 meaning ascribed to them by this Section unless the context clearly indicates a
14 different meaning:
15 (1) * * *
16 (d) "Agency" shall also mean a municipality, parish, or any other unit of
17 local government, authorized by law to perform governmental functions,
18 including a school board, and a special district, or any entity which submits
19 claims on behalf of the municipality, or parish, or other unit of local government.
20 * * *
21 (3) "Debt" means any legally collectible, liquidated sum due and owing an
22 agency, or due and owing a person and collectible by any agency, or a judgment,
23 order of the court, or bond forfeiture which is properly certified by the clerk and
24 which orders the payment of a fine or other court ordered penalty, if the amount of
25 the debt is twenty-five dollars or more. "Debt" shall not include any amount due
ACT No. 183
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 37 ENROLLED
1 for unpaid public elementary or secondary school student fees or for unpaid
2 elementary or secondary school student fees for students enrolled in the Student
3 Scholarships for Educational Excellence Program.
4 * * *
5 §299.11. Ranking and priority of claims
6 If two or more agencies file offset claims with the secretary against an
7 individual's refund, the secretary shall remit the refund to the claimants if sufficient
8 funds exist in the following order with the first offset claim to be paid being
9 completely satisfied before a second or subsequent offset claim is paid:
10 * * *
11 (9) Claims made by a municipality or a parish, parish, or any other unit of
12 local government, authorized by law to perform governmental functions,
13 including a school board and a special district.
14 * * *
15 §1676. Debt recovery
16 * * *
17 B. For purposes of this Section, the following words shall have the following
18 meanings unless the context clearly indicates otherwise:
19 * * *
20 (1.1) "Agency" shall also mean any municipality, parish, or any other
21 unit of local government, authorized by law to perform governmental functions,
22 including school boards and special districts. Notwithstanding any provision of
23 this Section to the contrary, local government subdivisions shall be permitted
24 but not required to refer their delinquent debt to the office of debt recovery for
25 collection.
26 * * *
27 (3) "Debt" means any legally collectible liquidated sum due and owing an
28 agency, or due and owing a person and collectible by any agency, or a judgment,
29 order of the court, or bond forfeiture that is properly certified by the clerk and that
30 orders the payment of a fine or other court-ordered penalty. The legally collectible
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1 and liquidated sum due includes principal and accruing interest, fees, and penalties,
2 if appropriate. "Debt" shall not include any legally collectible liquidated sum due and
3 owing to an agency or an individual pursuant to the following federal programs: Title
4 IV-A, Title IV-B, Title IV-D, Title IV-E, or Title XX of the federal Social Security
5 Act, 7 U.S.C. 2011 et seq., 42 U.S.C. 9858 et seq., 42 U.S.C. 5101 et seq., 42 U.S.C.
6 5116 et seq., 42 U.S.C. 10401 et seq.; or, any sums due on account of overpaid
7 unemployment compensation benefits or unpaid contributions or reimbursements
8 pursuant to the Louisiana Employment Security Law under R.S. 23:1471 et seq.
9 "Debt" shall not include any amount due for unpaid public elementary or
10 secondary school student fees or for unpaid elementary or secondary school
11 student fees for students enrolled in the Student Scholarships for Educational
12 Excellence Program.
13 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.